H-1B Remanded — Data Analysis (2022): the petitioner submitted new evidence on appeal,

Decision Summary

The appeal was remanded because the petitioner submitted new evidence on appeal, specifically an expert opinion, that was not before the Director during the initial decision. The AAO determined this new evidence was material to the claim that the proffered position is a specialty occupation and sent the case back for the Director to consider it. The AAO also suggested the Director examine a clause in the employment letter regarding the payment of H-1B fees.

Criteria Discussed

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